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!NSSURANCE NOT REQUIRED <br />VVORK NlAY PROCEED <br />N CL-ERK OF COUNCIL <br />0 <br />N � •T <br />N-2020-166 <br />o ACKNOWLEDGEMENT, SETTLEMENT AND RELEASE AGREEMENT <br />0' }tg nAnot h sAcknowledgement, Settlement and Release Agreement ("Agreement") <br />is entered into on September 2020 ("Effective Date") between the City of Santa Ana, <br />a California Municipal Corporation ("City") and Nasser Rizk ("Releasor") (referred to <br />collectively as "The Parties"). <br />RECITALS <br />WHEREAS, the Releasor, is an employee of City and also a member of the <br />bargaining unit SEIU; and <br />WHEREAS, on March 16, 2020, Releasor submitted a request for <br />classification review pursuant to Section 4.13 of the Memorandum of Understanding <br />("MOU") between the City and SEIU; and <br />WHEREAS, the City conducted a classification review pursuant to Section <br />4.13 of the MOU; and <br />WHEREAS, the Parties determined that a settlement would be in the best <br />interest of both City and Releasor; and <br />WHEREAS, the City and Releasor enter into this Agreement to preclude <br />any and all claims and/or potential for litigation resulting from the allegations set forth in <br />or discovered as a result of the request for and subsequent classification review; and <br />ACCORDINGLY, for full and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, the Parties agree to the following: <br />TERMS AND CONDITIONS <br />1. Settlement Payment. The Parties agree that City will pay to <br />Releasor the sum of twenty-one thousand dollars and zero cents ($21,000.00) in the form <br />of a check made payable to Releasor within thirty (30) calendar days of the date the <br />Agreement is fully executed ("Settlement Payment"). Said Settlement Payment shall be <br />reported on form 1099-MISC as required by law. Releasor understands and <br />acknowledges that, Settlement Payment is not compensation earnable as that term is <br />defined by the Public Employees' Retirement Law, California Code of Regulations, <br />California Public Employees' Pension Reform Act of 2013, and the California Public <br />Employees Retirement System. <br />2. Potential Tax Liability. Releasor acknowledges that City has made <br />no representations regarding the tax implications, liabilities, or lack of liability of <br />Settlement Payment. Releasor understands that he is solely liable for any tax payment <br />required by or resulting from Settlement Payment. Releasor agrees to indemnify and hold <br />